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BULLET St. Louis City Revised Code Chapter 6.20 Service Contracts

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 6.20
Service Contracts

Sections:

6.20.010 Definitions.
6.20.020 Contract requirements.
6.20.030 Contract to lease premises.
6.20.040 Bond required.
6.20.050 Debarment of contractor.
6.20.060 Action to debar--Procedure.
6.20.070 Contract with debarred contractor prohibited.
6.20.080 Recordkeeping requirements.

6.20.010 Definitions.

The following terms shall have the following meanings for purpose of this chapter:

A. "Minimum prevailing fringe benefits" means the minimum fringe benefits to be provided by service contractors to service employees as determined by the United States Secretary of Labor, or his authorized representative, to be prevailing for such employees in the locality of the St. Louis metropolitan area pursuant to 41 U.S.C. Section 351 et seq. as amended. Such fringe benefits shall include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits to be provided by the service contractor and not otherwise required by federal, state or local law. The term "minimum prevailing fringe benefits" may include any contributions of fringe benefits equivalent to the foregoing or differential payments in cash.

B. "Minimum prevailing wage" means the minimum monetary wages to be paid by service contractors to service employees as determined by the United States Secretary of Labor, or his authorized representative, in accordance with the prevailing rates for such employees in the locality of the St. Louis metropolitan area pursuant to 41 U.S.C. Section 351 et seq., as amended.

C. "Service contract" means any contract, the purpose of which is to furnish services in either the City of St. Louis, including any of its departments, agencies or authorities, or any lessee of the City of St. Louis. The term "service contract" shall include any subcontract to provide such services. The term shall not include (1) any contract for construction, alteration and/or repair of any building, capital improvement or equipment owned by the City or (2) any contract pertaining to work required to be done in accordance with the Missouri Prevailing Wage Law, Missouri Revised Statutes, Sections 290.210 through 290.341.

D. "Service contractor" means any person, firm, corporation or other entity entering into a service contract with either the City of St. Louis or any lessee of the city of St. Louis. The term "service contractor" shall also include any person, firm, corporation or other entity who subcontracts to furnish said services.

E. "Service Employee" means any person employed in the performance of a service contract. The term shall not include any person engaged in an executive, administrative or professional capacity.
(Ord. 62124 1, 1990.)

6.20.020 Contract requirements.

Every service contract entered into by the City, whether negotiated or advertised, and any corresponding bid specification proposed by any service contractor, the principal purpose of which is to furnish services to the City or any of its departments, agencies or authorities through the use of service employees, shall contain:

A. A provision specifying the minimum prevailing wage to be paid by the service contractor to said employees;

B. A provision specifying the minimum prevailing fringe benefits to be provided by the service contractor to service employees;

C. A representation by the service contractor to abide by the terms of this chapter and to pay and provide to all service employees the minimum prevailing wage and minimum prevailing fringe benefits as noted in the service contract; and

D. A provision as to whether the service contract or bid contemplates or includes any subcontract to furnish services. If so, the primary service contractor shall warrant and represent to the City that any service subcontract shall contain (1) provisions specifying the minimum prevailing wage and the minimum prevailing fringe benefits to be paid to the subcontractor's service employees and (2) a representation by the subcontractor to abide by the terms of this chapter and to pay and provide to all service employees said minimum prevailing wage and minimum prevailing fringe benefits as noted in the service subcontract.

The City shall not enter into any service contract which does not contain the aforementioned provisions and representations as is necessary.
(Ord. 62124 2, 1990.)

6.20.030 Contract to lease premises.

Every contract to lease property owned by the City shall contain a statement by the lessee as to whether the lessee contemplates entering into any service contract pertaining to the leased premises. If so, the lessee shall warrant and represent to the City that any such service contract shall include:

A. A provision specifying the minimum prevailing wages to be paid by the service contractor to any service employee;

B. A provision specifying the minimum prevailing fringe benefits be provided by the service contractor to any service employee; and

C. 1. A representation by the service contractor to abide by the terms of this chapter and to pay and provide to all service employees the minimum prevailing wage and minimum prevailing fringe benefits as noted in the service contract.

2. If the lessee contemplates entering into a service contract pertaining to the lease property, the lease shall also include a warranty and representation by the lessee that the lessee shall not enter into any service contract with (a)any service contractor debarred in accordance with this chapter, or (b) any service contractor managed, controlled, or more than fifty percent (50%) owned by a person or entity so debarred.

3. The City shall not enter into any contract to lease property owned by the City which does not contain the aforementioned provisions and representation as is necessary.
(Ord. 62124 3, 1990.)

6.20.040 Bond required.

Every service contract entered into by the City shall also require that the service contractor provide a bond, in an amount and form approved by the Comptroller, which shall be filed with the Register and which shall contain such provisions as will guarantee the faithful performance of the prevailing wage and fringe benefits clauses as specified by the service contract. The bond shall be written by a person, firm or corporation authorized to do business in the state and shall be approved by the Comptroller.
(Ord. 62124 4, 1990.)

6.20.050 Debarment of contractor.

Any service contractor found to be intentionally and without good cause violating the contractual provisions pertaining to the payment and provision of minimum prevailing wages and minimum prevailing fringe benefits may be debarred from any participation whatsoever in other service contracts entered into by the City for a period of one (1) year for the first offense, three (3) years for the second offense and five (5) years for any subsequent offense, except that in the case of extenuating circumstances which are set out in writing by the hearing panel, such periods may be reduced by not more than one-half ( 1/2).
(Ord. 62124 5, 1990.)

6.20.060 Action to debar--Procedure.

An action to debar such a service contractor may be initiated and shall proceed as follows:

A. Initiation of Proceeding. The proceeding may be initiated by the filing of a written complaint with the Board of Public Service by any of the following individuals having knowledge or information pertaining to a violation: (1) any service employee, (2) the head of any department, agency or authority of the City, (3) any labor union representing service employees, (4) any service contractor who customarily performs work for the City, its departments, agencies or authorities, and (5) any citizen and taxpayer of the City. The complaint shall include a statement of the alleged violations by the service contractor. After receiving such a complaint, the President of the Board of Public Service shall appoint an impartial hearing panel consisting of three of its members or their designees who shall perform a preliminary investigation of the complaint and, if said investigation reveals that there is good cause to believe that a violation or breach has occurred, the hearing panel shall issue a written notice of the complaint to the service contractor and to the President of the Board of Public Service. A copy of the original complaint shall be attached to the notice. The notice shall include a statement for the reasons for the proposed debarment, the date of mailing and the date, time and place of a hearing on the matter.

B. Notice. Any notice required by the preceding and any other notice to the service contractor shall be sent postage pre-paid by certified U.S. Mail to the service contractor at its last known address, or to the office of its registered agent, if it is a corporation.

C. Conduct of Hearing. The hearing shall be held in accordance with procedures established by the Board of Public Service. Unless a delay is requested by the service contractor, the hearing shall take place on a date not later than sixty (60) days after the notice is received by the service contractor. In no event shall the hearing be conducted and concluded more than (90) days after notice is received by the service contractor.

D. Decision. Within sixty (60) days after the hearing is concluded, the panel shall issue its decision in writing stating whether the service contractor is debarred from future participation in contracts with the City, and if so, the decision shall also state reasons for debarment and the period of time for which said debarment shall extend.

E. Notice of Decision. The service contractor shall be given prompt written notice of the decision of the hearing panel, and a copy of such decision shall be promptly mailed or otherwise furnished to the service contractor in accordance with subsection B of this section.

F. Finality of Decision. The decision of the hearing panel shall be final and conclusive unless the service contractor, within thirty (30) days after issuance of the decision, commences a timely action for review in a court of competent jurisdiction in accordance with applicable law, including the Missouri Administrative Procedures Act, Section 536.010 et seq. of the Revised Statutes of Missouri.
(Ord. 62124 6, 1990.)

6.20.070 Contract with debarred contractor prohibited.

No service contract shall be entered into by the City with any service contractor debarred in accordance with this chapter or with any service contractor managed, controlled, or more than fifty percent (50%) owned by a debarred person or entity so debarred. A service contractor which is debarred or which is managed, controlled or more than fifty percent (50%) owned by a debarred person or entity shall not act as a subcontractor on any City service contract.
(Ord. 62124 7, 1990.)

6.20.080 Recordkeeping requirements.

Any service contractor engaged in work under a service contract shall keep full and accurate records identifying the names and classification of every service employee employed by them in the performance of the contract, together with an accurate record of the number of hours worked by each employee and the actual wages and fringe benefits paid therefor. Said records shall be open to inspection by the Comptroller of the City or his authorized representative at any reasonable time and as often as may be necessary and such records shall not be destroyed or removed from their customary location for the period of one (1) year following the completion of the work in connection with which the records are made.
(Ord. 62124 8, 1990.)

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